Colorado 2025 Regular Session

Colorado House Bill HB1251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0814.01 Chelsea Princell x4335
8	8	HOUSE BILL 25-1251
9	9	House Committees Senate Committees
10	10	Health & Human Services
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING REQUIRING PARENTAL CONSENT BEFORE A MINOR MAY101
14	14	OBTAIN MEDICAL SERVICES .102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill prohibits an individual, corporation, association,
23	23	organization, state-supported institution, or individual employed by any
24	24	of these entities from procuring, soliciting to perform, arranging for the
25	25	performance of, or performing a surgical procedure, or providing other
26	26	medical or mental health services to a minor without written or verbal
27	27	consent from the minor's parent. Parental consent is not required if the
28	28	HOUSE SPONSORSHIP
29	29	Bottoms,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. minor is in the custody of a county department of human or social
35	35	services or the division of youth services, in a medical emergency
36	36	situation, or there is a valid court order directing the provision of the
37	37	medical service.
38	38	Be it enacted by the General Assembly of the State of Colorado:1
39	39	SECTION 1. In Colorado Revised Statutes, add 19-1-132 as2
40	40	follows:3
41	41	19-1-132. Parental rights related to health care of a minor4
42	42	child - exceptions - definitions. (1) A
43	43	S USED IN THIS SECTION, UNLESS5
44	44	THE CONTEXT OTHERWISE REQUIRES :6
45	45	(a) "M
46	46	EDICAL EMERGENCY" MEANS AN ACUTE INJURY, ILLNESS, OR7
47	47	EXPOSURE THAT POSES AN I MMEDIATE RISK TO A PERSON 'S LIFE OR8
48	48	LONG-TERM HEALTH, SUCH THAT THE ABSENCE OF IMMEDIATE MEDICAL9
49	49	ATTENTION COULD REASONABLY BE EXPECTED TO RESULT IN PLACING THE10
50	50	PERSON'S HEALTH IN SERIOUS JEOPARDY , INCLUDING A SERIOUS11
51	51	IMPAIRMENT TO BODILY FUNCTION OR A SERIOUS DYSFUNCTION OF ANY12
52	52	BODILY ORGAN OR PART.13
53	53	(b) "M
54	54	EDICAL OR MENTAL HEALTH SERVICE " MEANS THE14
55	55	TREATMENT OF A PHYSICAL ILLNESS , MENTAL HEALTH ILLNESS , OR15
56	56	BEHAVIORAL DISORDER THAT IS REQUIRED TO BE PERFORMED BY A16
57	57	LICENSED MEDICAL PROFESSIONAL .17
58	58	(c) "M
59	59	INOR CHILD" MEANS A PERSON SEVENTEEN YEARS OF AGE OR18
60	60	YOUNGER.19
61	61	(d) "P
62	62	ARENT" MEANS THE NATURAL PARENT , ADOPTIVE PARENT,20
63	63	OR LEGAL GUARDIAN WHO HAS LEGAL CUSTODY OF A CHILD .21
64	64	(2) A
65	65	N INDIVIDUAL, CORPORATION, ASSOCIATION, ORGANIZATION,22
66	66	STATE-SUPPORTED INSTITUTION, OR INDIVIDUAL EMPLOYED BY ANY OF23
67	67	HB25-1251-2- THESE ENTITIES SHALL NOT PROVIDE, PROCURE, SOLICIT TO PERFORM, OR1
68	68	ARRANGE FOR THE PERFORMANCE OF , OR PERFORM, A SURGICAL2
69	69	PROCEDURE UPON, OR RENDER ANY OTHER MEDICAL OR MENTAL HEALTH3
70	70	SERVICE TO, A MINOR CHILD WITHOUT FIRST OBTAINING WRITTEN OR4
71	71	VERBAL CONSENT FROM THE MINOR 'S PARENT.5
72	72	(3) N
73	73	OTWITHSTANDING SUBSECTION (2) OF THIS SECTION,6
74	74	PARENTAL CONSENT IS NOT REQUIRED IF:7
75	75	(a) A
76	76	N INDIVIDUAL, CORPORATION, ASSOCIATION, ORGANIZATION,8
77	77	STATE-SUPPORTED INSTITUTION, OR INDIVIDUAL EMPLOYED BY ANY OF9
78	78	THESE ENTITIES CERTIFIES IN GOOD FAITH THAT A MEDICAL EMERGENCY10
79	79	EXISTED AT THE TIME OF DIAGNOSIS , TREATMENT, OR MEDICAL11
80	80	INTERVENTION AND THERE WAS INSUFFICIENT TIME TO OBTAIN PARENTAL12
81	81	CONSENT OR THAT, AT THE TIME OF THE MINOR CHILD 'S DIAGNOSIS,13
82	82	TREATMENT, OR INTERVENTION , THE MINOR'S PARENT'S MEDICAL14
83	83	CONDITION WAS SUCH THAT CONSENT COULD NOT BE OBTAINED ;15
84	84	(b) A
85	85	MINOR IS IN THE CUSTODY OF A COUNTY DEPARTMENT OF16
86	86	HUMAN OR SOCIAL SERVICES OR THE DIVISION OF YOUTH SERVICES IN THE17
87	87	DEPARTMENT OF HUMAN SERVICES CREATED IN SECTION 19-2.5-1501; OR18
88	88	(c) A
89	89	VALID COURT ORDER DIRECTS MEDICAL TREATMENT ,19
90	90	DIAGNOSIS, OR INTERVENTION.20
91	91	SECTION 2. In Colorado Revised Statutes, 12-245-216, amend21
92	92	(2) as follows:22
93	93	12-245-216. Mandatory disclosure of information to clients.23
94	94	(2) If the client is a minor who is consenting to mental health services
95	95	24
96	96	pursuant to section 27-65-104, disclosure must be made to the minor. If25
97	97	the client is a minor whose parent or legal guardian is consenting to26
98	98	mental health services, disclosure must be made to the minor's parent or27
99	99	HB25-1251
100	100	-3- legal guardian.1
101	101	SECTION 3. In Colorado Revised Statutes, 13-22-103, amend2
102	102	(1) as follows:3
103	103	13-22-103. Minors - consent for medical, dental, and related4
104	104	care. (1) Except as otherwise provided in sections 15-19-204
105	105	AND5
106	106	18-1.3-407 (4.5), and 25-4-409,
107	107	a minor eighteen years of age or older, or6
108	108	a minor fifteen years of age or older who is living separate and apart from7
109	109	his or her THE MINOR'S parent, parents, or legal guardian, with or without8
110	110	the consent of his or her THE MINOR'S parent, parents, or legal guardian,9
111	111	and is managing his or her THE MINOR'S own financial affairs, regardless10
112	112	of the source of his or her income, or any minor who has contracted a11
113	113	lawful marriage may give consent to organ or tissue donation or the12
114	114	furnishing of hospital, medical, dental, emergency health, and surgical13
115	115	care to himself or herself THE MINOR'S SELF. Such consent is not subject14
116	116	to disaffirmance because of minority, and, when such consent is given,15
117	117	the minor has the same rights, powers, and obligations as if he or she THE16
118	118	MINOR'S had obtained majority. Consent to organ or tissue donation may17
119	119	be revoked pursuant to section 15-19-206.18
120	120	SECTION 4. In Colorado Revised Statutes, 19-1-115, amend19
121	121	(8)(a) as follows:20
122	122	19-1-115. Legal custody - guardianship - placement out of the21
123	123	home - petition for review for need of placement - rules.22
124	124	(8) (a) Whenever it appears necessary that the placement of a child out23
125	125	of the home will be for longer than ninety days, the placement is24
126	126	voluntary and not court-ordered, and the placement involves the direct25
127	127	expenditure of funds appropriated by the general assembly to the26
128	128	department of human services, a petition for review of need for placement27
129	129	HB25-1251
130	130	-4- shall MUST be filed by the department or agency with which the child has1
131	131	been IS placed before the expiration of ninety days in the placement. A2
132	132	decree providing for voluntary placement of a child with an agency in3
133	133	which public money is expended must be renewable in circumstances4
134	134	when there is documentation that the child has an emotional, a physical,5
135	135	or an intellectual disability that necessitates care and treatment for a6
136	136	longer duration than ninety days as provided pursuant to this subsection7
137	137	(8)(a). The court shall not transfer or require relinquishment of legal8
138	138	custody of, or otherwise terminate the parental rights with respect to, a9
139	139	child who has an emotional, a physical, or an intellectual disability and10
140	140	who was voluntarily placed out of the home for the purposes of obtaining11
141	141	special treatment or care solely because the parent or legal guardian is12
142	142	unable to provide the treatment or care. Whenever a child fifteen years of13
143	143	age or older consents to placement in a mental health facility pursuant to14
144	144	section 27-65-104, the review pursuant to section 27-65-104 (4) must be15
145	145	conducted in lieu of and must fulfill the requirements for review under16
146	146	this subsection (8)(a).17
147	147	SECTION 5. In Colorado Revised Statutes, 22-32-109, amend18
148	148	(1)(ee) as follows:19
149	149	22-32-109. Board of education - specific duties - definitions.20
150	150	(1) In addition to any other duty required to be performed by law, each21
151	151	board of education has the following specific duties:22
152	152	(ee) To adopt a policy to prohibit school personnel from23
153	153	recommending or requiring the use of a psychotropic drug for any A24
154	154	student. School personnel shall not test or require a test for a child's25
155	155	behavior without prior written permission from the parents or guardians26
156	156	or the child PARENT OR LEGAL GUARDIAN OF THE CHILD and prior written27
157	157	HB25-1251
158	158	-5- disclosure as to the disposition of the results or the testing. therefrom.1
159	159	Through such policy, school personnel should be encouraged THE POLICY2
160	160	MUST ENCOURAGE SCHOOL PERSONNEL to discuss concerns about a child's3
161	161	behavior with the parent or legal guardian of such THE child, and such4
162	162	THOSE discussions may include a suggestion by school personnel that the5
163	163	parent or legal guardian
164	164	OF THE CHILD speak with an appropriate6
165	165	health-care professional.7
166	166	SECTION 6. In Colorado Revised Statutes, 25-1-801, repeal8
167	167	(1)(d) as follows:9
168	168	25-1-801. Patient records in custody of health-care facility -10
169	169	definitions. (1) (d) Nothing in this section requires a person responsible
170	170	11
171	171	for the diagnosis or treatment of sexually transmitted infections, a12
172	172	substance use disorder, or the use of drugs in the case of minors pursuant13
173	173	to sections 13-22-102 and 25-4-409 to release patient records of such14
174	174	diagnosis or treatment to a parent, guardian, or person other than the15
175	175	minor or his or her designated representative.16
176	176	SECTION 7. In Colorado Revised Statutes, 25-1-802, repeal (2)17
177	177	as follows:18
178	178	25-1-802. Patient records in custody of individual health-care19
179	179	providers. (2) Nothing in this section requires a person responsible for20
180	180	the diagnosis or treatment of sexually transmitted infections, substance21
181	181	use disorders, or the use of drugs in the case of minors pursuant to22
182	182	sections 13-22-102 and 25-4-409 to release patient records of such23
183	183	diagnosis or treatment to a parent, guardian, or person other than the24
184	184	minor or his or her designated representative.25
185	185	SECTION 8. In Colorado Revised Statutes, 25-1-1202, amend26
186	186	(1)(aaa) as follows:27
187	187	HB25-1251
188	188	-6- 25-1-1202. Index of statutory sections regarding medical1
189	189	record confidentiality and health information. (1) Statutory provisions2
190	190	concerning policies, procedures, and references to the release, sharing,3
191	191	and use of medical records and health information include the following:4
192	192	(aaa) Sections 25-4-406 and 25-4-409 SECTION 25-4-406,5
193	193	concerning the reporting of sexually transmitted infections;6
194	194	SECTION 9. In Colorado Revised Statutes, 27-60-104, amend7
195	195	(3.5) as follows:8
196	196	27-60-104. Behavioral health crisis response system - crisis9
197	197	service facilities - walk-in centers - mobile response units - report.10
198	198	(3.5) Mobile crisis programs and crisis walk-in centers shall provide11
199	199	crisis response screening services to any AN individual seeking such12
200	200	services, including youth of any age,
201	201	WITH CONSENT FROM THE YOUTH 'S13
202	202	PARENT OR LEGAL GUARDIAN , and an individual with a disability, as14
203	203	defined in the federal "Americans with Disabilities Act of 1990", 4215
204	204	U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis,16
205	205	co-occurring conditions, or if the individual requires assistance with17
206	206	activities of daily living, as defined in section 12-270-104. All additional18
207	207	or corresponding behavioral health services beyond the crisis response19
208	208	screening must be provided in accordance with all applicable state laws,20
209	209	including, but not limited to, sections 12-245-203.5, 13-22-102,
210	210	21
211	211	27-65-103 and 27-65-104.22
212	212	SECTION 10. In Colorado Revised Statutes, 27-60-109, add23
213	213	(2)(d) as follows:24
214	214	27-60-109. Youth mental health services program - established25
215	215	- report - rules - definitions - repeal. (2) (d) A
216	216	PROVIDER SHALL NOT26
217	217	PROVIDE MENTAL HEALTH SERVICES PURSUANT TO THIS SECTION TO A27
218	218	HB25-1251
219	219	-7- YOUTH WITHOUT PRIOR CONSENT FROM THE YOUTH 'S PARENT OR LEGAL1
220	220	GUARDIAN.2
221	221	SECTION 11. In Colorado Revised Statutes, 27-65-104, amend3
222	222	(1), (2) introductory portion, (4)(a), (4)(b), (4)(d), (4)(e), and (6); and4
223	223	repeal (3) as follows:5
224	224	27-65-104. Voluntary applications for mental health services6
225	225	- treatment of minors. (1) Notwithstanding any other provision of law,7
226	226	a minor, who is fifteen years of age or older, whether with or without the8
227	227	consent of a parent or legal guardian, may consent to UPON CONSENT OF9
228	228	THE MINOR'S PARENT OR LEGAL GUARDIAN , MAY receive mental health10
229	229	services to be rendered by a facility, a professional person, or mental11
230	230	health professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 24512
231	231	of title 12 in any practice setting. Such consent is not subject to13
232	232	disaffirmance because of minority. The professional person or licensed14
233	233	mental health professional rendering mental health services to a minor15
234	234	may, with or without the consent of the minor, advise the minor's parent16
235	235	or legal guardian of the services given or needed.17
236	236	(2) A minor who is fifteen years of age or older or a minor's18
237	237	parent or legal guardian, on the minor's behalf, may make a voluntary19
238	238	application for hospitalization
239	239	OF THE MINOR. An application for20
240	240	hospitalization on behalf of a minor who is under fifteen years of age and
241	241	21
242	242	who is a ward of the department must not be made unless a guardian ad22
243	243	litem has been appointed for the minor or a petition for the same has been23
244	244	filed with the court by the agency having custody of the minor; except24
245	245	that such an application for hospitalization may be made under emergency25
246	246	circumstances requiring immediate hospitalization, in which case the26
247	247	agency shall file a petition for appointment of a guardian ad litem within27
248	248	HB25-1251
249	249	-8- seventy-two hours after application for admission is made, and the court1
250	250	shall immediately appoint a guardian ad litem. Procedures for2
251	251	hospitalization of a minor may proceed pursuant to this section once a3
252	252	petition for appointment of a guardian ad litem has been filed, if4
253	253	necessary. Whenever an application for hospitalization is made, an5
254	254	independent professional person shall MUST interview the minor and6
255	255	conduct a careful investigation into the minor's background, using all7
256	256	available sources, including, but not limited to, the minor's parents or8
257	257	legal guardian, the minor's school, and any other social service agencies.9
258	258	Prior to admitting a minor for hospitalization, the independent10
259	259	professional person shall MUST make the following findings:11
260	260	(3) An interview and investigation by an independent professional12
261	261	person is not required for a minor who is fifteen years of age or older and13
262	262	who, upon the recommendation of the minor's treating professional14
263	263	person, seeks voluntary hospitalization with the consent of the minor's15
264	264	parent or legal guardian. In order to assure that the minor's consent to16
265	265	such hospitalization is voluntary, the minor shall be advised, at or before17
266	266	the time of admission, of the minor's right to refuse to sign the admission18
267	267	consent form and the minor's right to revoke the minor's consent at a later19
268	268	date. If a minor admitted pursuant to this subsection (3) subsequently20
269	269	revokes the minor's consent after admission, a review of the minor's need21
270	270	for hospitalization pursuant to subsection (4) of this section must be22
271	271	initiated immediately.23
272	272	(4) (a) The need for continuing hospitalization of all voluntary24
273	273	minor patients must be formally reviewed at least every two months.25
274	274	Review pursuant to this subsection (4) must fulfill the requirement26
275	275	specified in section 19-1-115 (8) when the minor is fifteen years of age27
276	276	HB25-1251
277	277	-9- or older and consenting to hospitalization.1
278	278	(b) The review must be conducted by an independent professional2
279	279	person who is not a member of the minor's treating team; or if the minor,3
280	280	the minor's physician and the minor's parent or legal guardian do not4
281	281	object to the need for continued hospitalization, the review required5
282	282	pursuant to this subsection (4) may be conducted internally by the hospital6
283	283	staff.7
284	284	(d) Ten days prior to the review, the patient representative at the8
285	285	mental health facility shall notify the minor
286	286	AND THE MINOR'S PARENT OR9
287	287	LEGAL GUARDIAN of the date of the review. and shall assist the minor in
288	288	10
289	289	articulating to the independent professional person the minor's wishes11
290	290	concerning continued hospitalization.12
291	291	(e) Nothing in this section limits a minor's
292	292	PARENT'S OR LEGAL13
293	293	GUARDIAN'S right to seek THE MINOR'S release from the facility pursuant14
294	294	to any other provision of law.15
295	295	(6) (a) When a minor
296	296	MINOR'S PARENT OR LEGAL GUARDIAN does16
297	297	not consent to or objects to continued hospitalization, the need for such17
298	298	continued hospitalization must, within ten days, be reviewed pursuant to18
299	299	subsection (4) of this section by an independent professional person who19
300	300	is not a member of the minor's treating team and who has not previously20
301	301	reviewed the minor pursuant to this subsection (6). The minor shall AND21
302	302	THE MINOR'S PARENT OR LEGAL GUARDIAN MUST be informed of the22
303	303	results of the review within three days after the review's completion. If23
304	304	the conclusion reached by the professional person is that the minor no24
305	305	longer meets the standards for hospitalization specified in subsection (2)25
306	306	of this section, the minor must be discharged.26
307	307	(b) If, twenty-four hours after being informed of the results of the27
308	308	HB25-1251
309	309	-10- review specified in subsection (6)(a) of this section, a minor continues to1
310	310	affirm the objection to hospitalization, the director of the facility or the2
311	311	director's duly appointed representative shall advise the minor that the3
312	312	minor has the right to retain and consult with an attorney at any time and4
313	313	that the director or the director's duly appointed representative shall file,5
314	314	within three days after the request of the minor, a statement requesting an6
315	315	attorney for the minor or, if the minor is under fifteen years of age, a7
316	316	guardian ad litem. The minor; the minor's attorney, if any; and the minor's8
317	317	parent, legal guardian, or guardian ad litem, if any, shall be given written9
318	318	notice that a hearing upon the recommendation for continued10
319	319	hospitalization may be had before the court or a jury upon written request11
320	320	directed to the court pursuant to subsection (6)(d) of this section.12
321	321	(c) Whenever the statement requesting an attorney is filed with the13
322	322	court, the court shall ascertain whether the minor has retained counsel,14
323	323	and, if the minor has not, the court shall, within three days, appoint an15
324	324	attorney to represent the minor, or if the minor is under fifteen years of16
325	325	age, a guardian ad litem. Upon receipt of a petition filed by the guardian17
326	326	ad litem, the court shall appoint an attorney to represent the minor under18
327	327	fifteen years of age.19
328	328	(d) (I) The minor or the minor's attorney or guardian ad litem may,20
329	329	at any time after the minor has continued to affirm the minor's objection21
330	330	to hospitalization pursuant to subsection (6)(b) of this section, file a22
331	331	written request that the recommendation for continued hospitalization be23
332	332	reviewed by the court or that the treatment be on an outpatient basis. If24
333	333	review is requested, the court shall hear the matter within ten days after25
334	334	the request, and the court shall give notice of the time and place of the26
335	335	hearing to the minor; the minor's attorney, if any; the minor's parents or27
336	336	HB25-1251
337	337	-11- legal guardian; the minor's guardian ad litem, if any; the independent1
338	338	professional person; and the minor's treating team. The hearing must be2
339	339	held in accordance with section 27-65-113; except that the court or jury3
340	340	shall determine that the minor is in need of care and treatment if the court4
341	341	or jury makes the following findings:5
342	342	(A) That the minor has a mental health disorder and is in need of6
343	343	hospitalization;7
344	344	(B) That a less restrictive treatment alternative is inappropriate or8
345	345	unavailable; and9
346	346	(C) That hospitalization is likely to be beneficial.10
347	347	(II) At the conclusion of the hearing, the court may enter an order11
348	348	confirming the recommendation for continued hospitalization, discharge12
349	349	the minor, or enter any other appropriate order.13
350	350	(e) For purposes of this subsection (6), "objects to hospitalization"14
351	351	means that a minor, with the necessary assistance of hospital staff, has15
352	352	written the minor's objections to continued hospitalization and has been16
353	353	given an opportunity to affirm or disaffirm such objections forty-eight17
354	354	hours after the objections are first written.18
355	355	(f) A minor may not again object to hospitalization pursuant to19
356	356	this subsection (6) until ninety days after conclusion of proceedings20
357	357	pursuant to this subsection (6).21
358	358	(g) In addition to the rights specified in section 27-65-119 for22
359	359	persons receiving evaluation, care, or treatment, a written notice23
360	360	specifying the rights of minor children under this section must be given24
361	361	to each minor upon admission to hospitalization.25
362	362	SECTION 12. In Colorado Revised Statutes, 27-65-119, amend26
363	363	(5) as follows:27
364	364	HB25-1251
365	365	-12- 27-65-119. Rights of respondents certified for short-term1
366	366	treatment or long-term care and treatment. (5) Any respondent2
367	367	receiving evaluation or treatment under any of the provisions of this3
368	368	article 65 is entitled to a written copy and verbal description in a language4
369	369	or modality accessible to the person of all the rights enumerated in this5
370	370	section. and a minor child must receive written notice of the minor's6
371	371	rights as provided in section 27-65-104 (6)(g). A list of the rights must be7
372	372	prominently posted in all evaluation and treatment facilities in the8
373	373	predominant languages of the community and explained in a language or9
374	374	modality accessible to the respondent. The facility shall assist the10
375	375	respondent in exercising the rights enumerated in this section.11
376	376	SECTION 13. In Colorado Revised Statutes, 27-65.5-101,12
377	377	amend (2) introductory portion and (2)(l) as follows:13
378	378	27-65.5-101. Eating disorder treatment and recovery facilities14
379	379	- rules. (2) The state board of human services shall promulgate ADOPT15
380	380	rules for eating disorder treatment and recovery facilities that must:16
381	381	(l) Prior to involuntarily placing a feeding tube for a minor17
382	382	patient, require the eating disorder treatment and recovery facility to18
383	383	obtain informed written consent from both the patient and the patient's19
384	384	parent or legal guardian. if the patient is fifteen years of age or older or20
385	385	from only the patient's parent or legal guardian if the patient is fourteen21
386	386	years of age or younger. If a patient is fifteen years of age or older and22
387	387	does not consent to or objects to the continued use of an involuntary23
388	388	feeding tube, the patient may seek review pursuant to section 27-65-10424
389	389	(6).25
390	390	SECTION 14. In Colorado Revised Statutes, 27-81-109, amend26
391	391	(1) and (3) as follows:27
392	392	HB25-1251
393	393	-13- 27-81-109. Voluntary treatment of persons with substance use1
394	394	disorders. (1) A person with a substance use disorder including a minor2
395	395	OR THE PARENT OR LEGAL GUARDIAN OF A MINOR , ON BEHALF OF THE3
396	396	MINOR, may apply for voluntary treatment directly to an approved4
397	397	treatment facility.5
398	398	(3) If a patient receiving residential care leaves an approved6
399	399	treatment facility, the person
400	400	OR THE PARENT OR LEGAL GUARDIAN OF A7
401	401	MINOR, ON BEHALF OF THE MINOR, is encouraged to consent to outpatient8
402	402	treatment or supportive services, if appropriate.9
403	403	SECTION 15. In Colorado Revised Statutes, 27-81-110, amend10
404	404	(1) and (3) as follows:11
405	405	27-81-110. Voluntary treatment for persons intoxicated by12
406	406	alcohol, under the influence of drugs, or incapacitated by substances.13
407	407	(1) A person intoxicated by alcohol, under the influence of drugs, or14
408	408	incapacitated by substances including a minor if provided by rules of the
409	409	15
410	410	BHA, may voluntarily admit the person's self to an approved treatment16
411	411	facility for an emergency evaluation to determine need for treatment;
412	412	IF17
413	413	THE PERSON IS A MINOR, THE MINOR'S PARENT OR LEGAL GUARDIAN MUST18
414	414	CONSENT VERBALLY OR IN WRITING .19
415	415	(3) Except as provided in subsection (7) of this section, a20
416	416	treatment facility shall immediately release a voluntarily admitted person21
417	417	upon the person's
418	418	OR THE PERSON'S PARENT OR LEGAL GUARDIAN, IF THE22
419	419	PERSON IS A MINOR, request.23
420	420	SECTION 16. In Colorado Revised Statutes, repeal24
421	421	12-245-203.5, 13-22-103, 13-22-103.5, 13-22-105, and 25-4-409.25
422	422	SECTION 17. Act subject to petition - effective date. This act26
423	423	takes effect at 12:01 a.m. on the day following the expiration of the27
424	424	HB25-1251
425	425	-14- ninety-day period after final adjournment of the general assembly; except1
426	426	that, if a referendum petition is filed pursuant to section 1 (3) of article V2
427	427	of the state constitution against this act or an item, section, or part of this3
428	428	act within such period, then the act, item, section, or part will not take4
429	429	effect unless approved by the people at the general election to be held in5
430	430	November 2026 and, in such case, will take effect on the date of the6
431	431	official declaration of the vote thereon by the governor.7
432	432	HB25-1251
433	433	-15-